HomeMy WebLinkAboutPC2018-024 - COASTAL DEVELOPMENT PERMIT TO ALLOW THE CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENCE, INCLUDING AN ADJUSTMENT TO OFF-STREET PARKING REQUIREMENTS, AND ALLOW FOR AN INCREASED HEIGHT LIMIT - 16 BAY ISLANDRESOLUTION NO. PC2018-024
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING
COASTAL DEVELOPMENT PERMIT NO. CD2018-054 TO
ALLOW THE CONSTRUCTION OF A NEW SINGLE-FAMILY
RESIDENCE, INCLUDING AN ADJUSTMENT TO OFF-STREET
PARKING REQUIREMENTS, AND ALLOW FOR AN INCREASED
HEIGHT LIMIT FOR THE PROPERTY LOCATED AT 16 BAY
ISLAND (PA2017-167)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
An application was filed by Tim Dean and Michelle Dean ("Applicant"), with respect to
property located at 16 Bay Island, and legally described as S -Township 6, Range 10,
Section 34, requesting approval of a coastal development permit and a height allowance.
2. On November 24, 1997, the City Council approved a Planned Residential Development
("PRD") Use Permit (Use Permit No. UP3618) to implement a PRD Overlay District,
which modified the Multi -Family Residential ("MFR") zoning and development regulations
for Bay Island including authorizing off-site parking. The purpose of the PRD Use Permit
is to ensure that future development maintains the single-family detached character of
Bay Island.
3. The Applicant proposes a coastal development permit to allow the construction of a new
4,379 -square -foot, single-family residence ("Development") and adjust the off-street
parking requirements with a parking management plan. In addition, the Applicant
requests to increase the allowed building height to 28 feet for flat roofs and 33 feet for
sloped roofs pursuant to the provisions of Use Permit No. UP3618.
4. The subject Property is located within the Multi -Unit Residential ("RM") Zoning District
and the General Plan Land Use Element category is Multiple -Unit Residential Detached
("RM -D").
5. The subject Property is located within the coastal zone. The Coastal Land Use Plan
category is Multiple -Unit Residential — 10.0 — 19.9 DU/AC ("RM -C") and the Coastal
Zoning District is Multi -Unit Residential ("RM").
6. A public hearing was held on August 9, 2018, in the City Hall Council Chambers located
at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and
purpose of the public hearing was given in accordance with the Newport Beach
Municipal Code ("NBMC"). Evidence, both written and oral, was presented to, and
considered by, the Planning Commission at this hearing.
Planning Commission Resolution No. PC2018-024
Paqe 2 of 10
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
This project is exempt from the California Environmental Quality Act ("CEQA") pursuant
to Section 15303 under Class 3 of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect
on the environment.
2. Class 3 exempts the construction of limited number of new, small structures, including
one single-family residence. The proposed project is a single-family residence located
within the RM (Multi -Unit Residential) Coastal Zoning District.
SECTION 3. REQUIRED FINDINGS.
Coastal Development Permit
In accordance with NBMC Subsection 21.52.015(F) (Coastal Development Permits —
Findings and Decision), the following findings and facts in support of the findings for a coastal
development permit are set forth:
Finding
A. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding
The proposed design, bulk, and scale of the Development is consistent with the existing
single-family neighborhood pattern of development and expected future development of
Bay Island in that it is consistent with development standards authorized by Use Permit
No. UP3618.
2. The proposed Development complies with applicable residential development standards
including, but not limited to, floor area limitation, setbacks, height, and open space.
a. The maximum cumulative floor area limitation for all residential development on
Bay Island is 143,916 square feet and the proposed cumulative floor area is
approximately 130,095 square feet.
b. The proposed Development complies with the required setbacks, which are 20
feet along all exterior property lines.
c. The highest flat elements of the roof are no more than 28 feet from established
grade and the highest ridge is no more than 33 feet from established grade,
which complies with the maximum height in the RM Coastal Zoning District
(NBMC 21.18.030, Table 21.18-4).
Tmplt: 04/14/10
Planning Commission Resolution No. PC2018-024
Page 3 of 10
d. The minimum required common open space on Bay Island is 1,725 square feet
and the proposed common open space is approximately 452,460 square feet.
e. The minimum required private open space for the Development is 209 square
feet and the proposed private open space is 582 square feet.
3. The Development includes over 4,000 square feet of livable area and therefore requires
three (3) garage parking spaces pursuant to NBIVIC Section 21.40.040 (Off -Street Parking
Spaces Required). However, the Development complies with NBMC Section 21.40.110
(Adjustments to Off -Street Parking Requirements) in that a parking management plan is
being provided as follows:
a. Bay Island is accessible by a gated pedestrian bridge and the only vehicles
permitted on the island are golf carts. The Development includes a dedicated
210 -square -foot garage for on-site golf cart parking.
b. Off-site parking is provided in a parking structure located at 501 West Bay
Avenue pursuant to Use Permit No. UP3618, previously approved by the
Planning Commission in 1997. The parking structure includes 49 parking spaces
designated for the 23 existing single-family residences on Bay Island, equating
to two or more off-site spaces per residence.
4. The Property is located in an area known for the potential of seismic activity and liquefaction.
All projects are required to comply with the California Building Code ("CBC") and Building
Division standards and policies. Geotechnical investigations specifically addressing
liquefaction are required to be reviewed and approved prior to the issuance of building
permits. Permit issuance is also contingent on the inclusion of design mitigation identified in
the investigations. Construction plans are reviewed for compliance with approved
investigations and CBC prior to building permit issuance.
5. Pursuant to NBIVIC Section 21.35.050, due to the proximity of the development to the
shoreline and the development containing more than 75 percent of impervious surface area,
a Water Quality and Hydrology Plan (WQHP) is required. The WQHP has been reviewed
and approved by the City's Engineer Geologist. The WQHP includes a polluted runoff and
hydrologic site characterizations, a sizing standard for BMPs, use of an LID approach to
retain the storm runoff volume onsite, and documentation of the expected effectiveness of
the proposed BMPs. Construction plans will be reviewed for compliance with the approved
WQHP prior to the building permit issuance.
6. The Development fronts the Newport Bay with a sandy beach separating the project site
and the water. A Coastal Hazards Analysis was prepared by William Simpson and
Associates, Inc. The report concludes that the proposed project is reasonably safe from
coastal hazards for the next 75 years including shoreline movement, waves and wave
run-up, and flooding with moderate future sea level rise projections. The project site is
protected by a bulkhead on property owned by the Community Association at a height of
8.66 feet (NAVD 88). The current highest tides have reached approximately 7.2 feet
(NAVD 88). Utilizing the Community Development Department policy of a 1.25 -foot sea
level rise, the existing bulkhead and finished floor elevation will protect the site and
Tmplt: 04/14/10
Planning Commission Resolution No. PC2018-024
Paae 4 of 10
surrounding development from sea level rise. The proposed finished floor is 9.00 feet
(NAVD 88), which is consistent with the minimum 9.00 feet (NAVD 88) standard. If sea
level rise exceeds projections, an additional 4 -foot concrete or masonry block garden wall
may need to be constructed around the front porch of the Development in the future.
7. Proposed landscaping complies with the Implementation Plan Section 21.30.075. A
condition of approval is included that requires drought -tolerant, and prohibits invasive,
species. Final landscape plans will be reviewed to verify invasive species are not planted.
8. Pursuant to NBMC Subsections 21.30.030(C)(3)(i) and (iv), the property owner will be
required to enter into an agreement with the City waiving any potential right to protection to
address situations in the future in which the development is threatened with damage or
destruction by coastal hazards (e.g., waves, erosion, and sea level rise). The property owner
will also be required to acknowledge any hazards present at the site and unconditionally
waive any claim to damage or liability against the decision authority, consistent with NBMC
Section 21.30.015(D)(3)(c). Both requirements are included as conditions of approval that
will need to be satisfied prior to the issuance of building permits for construction.
9. The property is located adjacent to coastal waters. The project design addresses water
quality with a construction erosion control plan and a post construction drainage system that
includes drainage and percolation features designed to retain dry weather and minor rain
event run-off on-site. Any water not retained on-site is directed to the City's storm drain
system.
B. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of aby body of water located in the coastal zone;
Facts in Support of Finding
The project site is located between the nearest public road and the sea or shoreline in the
private community of Bay Island. NBMC Section 21.30A.040 requires that the provision of
public access bear a reasonable relationship between the requirement and the project's
impact and be proportional to the impact. The project involves the demolition of a single-
family residence (authorized by Coastal Development Permit No. CD2017-070) and the
construction of a new single-family residence. Therefore, there is no change in land use or
density and the proposed increased floor area, height and bulk will not result in any
significant adverse impacts to public recreation, access or views or otherwise diminish the
public's use of the ocean, harbor, bay, channels, estuaries, salt marshes, sloughs, beaches,
coastal parks, trails, or coastal bluffs.
2. Vertical and lateral access to the bay front is available adjacent to the Bay Island community
at the street ends along the Balboa Peninsula (approximately 150 feet from the subject
property).
Tmplt: 04/14110
Planning Commission Resolution No. PC2018-024
Paae 5 of 10
3. The project site is not located adjacent to a coastal view road, public viewpoint, public park
or beach, or public access way, as identified in the Coastal Land Use Plan. Furthermore, an
investigation conducted pursuant to NBMC 21.30.100 of the project site and surrounding
area did not identify any other public view opportunities. The project site may be located
within the viewshed of distant public viewing areas and Newport Harbor. However, the
project will replace an existing single-family residence with a new single-family residence
that complies with all applicable Local Coastal Program development standards and
maintains a building envelope consistent with the existing neighborhood pattern of
development as established and regulated by Use Permit No. UP3618. Therefore, the
project does not have the potential to degrade the visual quality of the Coastal Zone or result
in significant adverse impacts to public views.
Height Increase
In accordance with Section 1.5.5 (Building Height) of Use Permit No. UP3618, the following
finding and facts in support of the finding for a height increase are set forth:
Finding
C. The proposed building height is compatible and consistent with the height and scale of
adjacent and surrounding dwellings.
Fact in Support of Finding
1. Use Permit No. UP3618 allows the height of residential dwellings to be increased from 24
feet up to 28 feet if found to be consistent with the height and scale of adjacent and
surrounding dwellings. The NBMC measures residential building height such that an
additional 5 feet in height is permitted for sloping roofs with a minimum 3:12 pitch.
Therefore, a 24 -foot height limit allows up to 29 feet for sloping roofs and a 28 -foot height
limit allows up to 33 feet for sloping roofs.
2. The proposed single -unit dwelling features a sloping roof with a minimum 3:12 pitch up to
a maximum height of 33 feet, consistent with the provisions of Use Permit No. UP3618
and NBMC Section 21.18.030 (Residential Coastal Zoning Districts General Development
Standards).
3. The majority of dwelling units on Bay Island, including the adjacent property to the north
(15 Bay Island), were constructed prior to 1972, when the Zoning District was R-3 and
allowed for a height of 35 feet. The majority of existing residences on Bay Island are
similar in height to the proposed dwelling. Therefore, the proposed building height is
compatible and consistent with the height and scale of adjacent and surrounding dwellings.
4. The Bay Island Homeowners' Association has indicated, through a letter stating approval of
conceptual plans, that the increase in height is consistent with the Bay Island scale of
development.
SECTION 4. DECISION.
Tmplt: 04/14/10
Planning Commission Resolution No. PC2018-024
Page 6 of 10
The Planning Commission of the City of Newport Beach hereby approves Coastal
Development Permit Application No. CD2018-054 and requested height increase,
subject to the conditions set forth in Exhibit "A", which is attached hereto and
incorporated by reference.
2. This building height action shall become final and effective fourteen (14) days after the
adoption of this Resolution unless within such time an appeal or call for review is filed
with the City Clerk in accordance with the provisions of NBMC Title 20 Planning and
Zoning.
3. This Coastal Development Permit action shall become final and effective fourteen (14)
days following the date this resolution was adopted unless within such time an appeal or
call for review is filed with the Community Development Director in accordance with the
provisions of Title 21 Local Coastal Implementation plan of the NBMC. Final action taken
by the City may be appealed to the Coastal Commission in compliance with NBMC
Section 21.64.035 and Title 14 California Code of Regulations, Sections 13111 through
13120, and Section 30603 of the Coastal Act.
PASSED, APPROVED AND ADOPTED THIS 9TH DAY OF AUGUST, 2018.
AYES: Dunlap, Kleiman, Koetting, Kramer, Lowrey, Weigand and Zak
MOM
ABSTAIN:
ABSENT:
BY:
Peter Zak, Chairman
BY:
BfII Dunlap, SecrAary
Tmplt: 04/14/10
Planning Commission Resolution No. PC2018-024
Pacie 7 of 10
EXHIBIT "A"
CONDITIONS OF APPROVAL
Project -Specific Conditions in Italics
PLANNING DIVISION
The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
2. Prior to the issuance of a building permit, an agreement in a form approved by the City
Attorney between the property owner and the City shall be executed and recorded waiving
rights to the construction of future shoreline protection devices including the repair and
maintenance, enhancement, reinforcement, or any other activity affecting the bulkhead,
that results in any encroachment seaward of the authorized footprint of the bulkhead or
other shoreline protective device. The agreement shall be binding against the property
owners and successors and assigns.
3. Prior to the issuance of a building permit, the property owner shall submit a notarized
signed letter acknowledging all hazards present at the site, assuming the risk of injury or
damage from such hazards, unconditionally waiving any claims of damage against the
City from such hazards, and to indemnify and hold harmless City, its City Council, its
boards and commissions, officials, officers, employees, and agents from and against any
and all claims, demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever which
may arise from or in any manner relate (directly or indirectly) to City's approval of
development.
4. Prior to issuance of a building permit, the applicant shall prepare a construction
management plan to minimize impacts to adjacent residences on Island Avenue and
EdgewaterAvenue to be reviewed and approved by the Community Development Director.
5. A minimum of two parking spaces, including one covered, shall be maintained for the
dwelling unit at the parking structure located at 501 West Bay Avenue (Lots 2, 3, 4, 5, 6
Block 3, East Newport Tract).
6. A minimum of one enclosed parking space, with minimum dimensions nine feet (9) wide by
eleven feet six inches (11'6') deep, shag be maintained onsite for golf cart parking.
7. The Development shall be in substantial conformance with the approved site plan, floor
plans, and building elevations stamped and dated with the date of this approval. (Except as
modified by applicable conditions of approval).
Tmplt: 04/14/10
Planning Commission Resolution No. PC2018-024
Page 8 of 10
8. The Applicant shall comply with all federal, state, and local laws. Material violation of any of
those laws in connection with the use may be cause for revocation of this Coastal
Development Permit.
9. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated
into the City's Building Division and field sets of plans prior to issuance of building permits.
10. Prior to the issuance of a building permit, the Applicant shall submit a final landscape and
irrigation plan prepared by a licensed landscape architect. These plans shall incorporate
drought -tolerant plantings and water efficient irrigation practices, and the plans shall be
approved by the City's Planning Division.
11. All landscape materials and irrigations -systems shall be maintained in accordance with the
approved landscape plan. All landscaped areas shall be maintained in a healthy and
growing conditions and shall receive regular pruning, fertilizing, mowing and trimming. All
landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept
operable, including adjustments, replacements, repairs, and cleaning as part of regular
maintenance.
12. Prior to the issuance of a building permit, the Applicant shall pay any unpaid administrative
costs associated with the processing of this application to the City's Planning Division.
13. Prior to the issuance of a building permit, the Applicant shall submit to the City's Planning
Division an additional copy of the approved architectural plans for inclusion in the application
file. The plans shall be identical to those approved by all City departments for building permit
issuance. The approved copy shall include architectural sheets only and shall be reduced in
size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by
this Coastal Development Permit application.
14. Prior to the issuance of a building permit, the approved Construction Pollution Prevention
Plan ("CPPP") and Water Quality and Hydrology Plan ("WQHP") shall be submitted with the
Building Permit plans. Implementation shall be in compliance with the approved CPPP and
WQHP and any changes could require separate review and approval by the City's Building
Division.
15. The discharge of any hazardous materials into storm sewer systems or receiving waters
shall be prohibited. Machinery and equipment shall be maintained and washed in confined
areas specifically designed to control runoff. A designated fueling and vehicle maintenance
area with appropriate berms and protection to prevent spillage shall be provided as far away
from storm drain systems or receiving waters as possible.
16. Debris from demolition shall be removed from work areas each day and removed from the
project site within 24 hours of the completion of the project. Stock piles and construction
materials shall be covered, enclosed on all sides, not stored in contact with the soil, and
located as far assay as possible from drain inlets and any waterway.
Tmplt: 04/14/10
Planning Commission Resolution No. PC2018-024
Page 9 of 10
17. Trash and debris shall be disposed in proper trash and recycling receptacles at the end of
each construction day. Sold waste, including excess concrete, shall be disposed in adequate
disposal facilities at a legal disposal site or recycled at a recycling facility.
18. No demolition or construction materials, equipment debris, or waste, shall be placed or
stored in a location that would enter sensitive habitat, receiving waters, or a storm drain or
result in impacts to environmentally sensitive habitat areas, streams, wetland or their buffers.
19. Should the Property be sold or otherwise come under different ownership, any future owners
or assignees shall be notified of the conditions of approval by either the current property
owner or leasing agent.
20. Construction activities shall comply with NBMC Section 10.28.040, which restricts hours of
noise -generating construction activities to between the hours of 7 a.m. and 6:30 p.m
Monday through Friday, and 8 a.m. and 6 p.m. on Saturday. Noise -generating construction
activities are not allowed on Sundays or Holidays.
21. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved in
compliance with the provisions of NBMC Title 20 Planning and Zoning.
22. Grading, brush removal, building demolition, tree trimming, and similar construction
activities shall occur between August 16 and January 31. If such activities must occur
inside the peak nesting season (from February 1 to August 15), compliance with the
following is required to prevent the taking of Native Birds pursuant to the Migratory Bird
Treaty Act (MBTA):
a. The construction area shall be inspected for active nests. If birds are observed
flying from a nest or sitting on a nest, it can be assumed that the nest is active.
Construction activity within 300 feet of an active nest shall be delayed until the
nest is no longer active. Continue to observe the nest until the chicks have left
the nest and activity is no longer observed. When the nest is no longer active,
construction activity can continue in the nest area.
b. The applicant is responsible for compliance with the MBTA. It is a violation of
state and federal law to kill or harm a native bird. To ensure compliance,
consider hiring a biologist to assist with the survey for nesting birds, and to
determine when it is safe to commence construction activities. If an active nest
is found, one or two short follow-up surveys will be necessary to check on the
nest and determine when the nest is no longer active.
23. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless
City, its City Council, its boards and commissions, officials, officers, employees, and agents
from and against any and all claims, demands, obligations, damages, actions, causes of
action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including
without limitation, attorney's fees, disbursements and court costs) of every kind and nature
whatsoever which may arise from or in any manner relate (directly or indirectly) to City's
Tmplt: 04/14/10
Planning Commission Resolution No. PC2018-024
Pacie 10 of 10
approval of Dean Residence Coastal Development Permit including, but not limited to,
Coastal Development Permit No. CD2018-054 (PA2017-167). This indemnification shall
include, but not be limited to, damages awarded against the City, if any, costs of suit,
attorneys' fees, and other expenses incurred in connection with such claim, action, causes of
action, suit or proceeding whether incurred by Applicant, City, and/or the parties initiating or
bringing such proceeding. The Applicant shall indemnify the City for all of City's costs,
attorneys' fees, and damages, which City incurs in enforcing the indemnification provisions
set forth in this condition. The Applicant shall pay to the City upon demand any amount owed
to the City pursuant to the indemnification requirements prescribed in this condition.
Tmplt: 04/14/10